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2017 Supreme(Del) 2964

MANMOHAN
SONIA SYAL – Appellant
Versus
STANDARD CHARTERED BANK – Respondent


Advocates Appeared:
For the Plaintiff :Mr. V.K. Ohri, Advocate.
For the Defendants :Mr. Ateev Mathur with Mr. Amol Sharma and Ms. Jagriti Ahuja, Advocates.

JUDGMENT :

MANMOHAN, J.

I.A. 12477/2016

1. Present application has been filed under Order 7 Rule 11 CPC by the applicant/defendant-bank for rejection of the plaint.

2. Learned counsel for applicant/defendant-bank stated that the crux of the plaintiff's cause of action was unauthorized withdrawal of Rs.3,60,00,000/- from her account maintained with the applicant/defendant-bank. He stated that a bare perusal of the statement of account filed by the plaintiff herself along with the plaint would reveal that on 29th September, 2009, there were three investments of Rs.1,50,00,000/-, Rs.1,50,00,000/- and Rs.60,00,000/- made on behalf of the plaintiff with three Mutual Fund Houses, i.e., Fortis Flexi Debt, Franklin Templeton and HDFC, respectively. He pointed out that the same statement of account filed by the plaintiff further reflected that all these investments in the mutual funds had either matured or were redeemed by the plaintiff prematurely. He stated that the statement of account also reflected that all these redemptions were duly credited in the account of plaintiff along with p
























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